In a letter to committee Chairman Lamar Smith, Texas Republican, and the panel’s ranking Democrat, John Conyers Jr. of Michigan, the lawmakers said that “contradictory to her 2010 confirmation testimony before the Senate Judiciary Committee,” recently released Justice Department documents show that Justice Kagan “actively participated with her Obama administration colleagues in formulating a defense” for the law.

Here’s a copy of the letter that was issued from the congressional office of Rep. John Fleming, who is also a physician, by the way. The letter states: “This revelation raises serious questions about Justice Kagan’s ability to exercise objectivity in any case relevant to [Obamacare] that comes before the U.S. Supreme Court.”

Of course, the “Justice Department documents” referenced in The Washington Times report and in a release issued by Rep. Fleming’s office announcing the letter were disclosed through Judicial Watch. We are very glad to have played a role in helping to focus congressional attention on this crucial issue.

How crucial?

In one of the new emails, Kagan’s Deputy Solicitor General urged her to attend a healthcare litigation meeting, calling the legal fight over Obamacare, “litigation of singular importance.”

(Judicial Watch’s lawsuit has been consolidated with a similar FOIA lawsuit that had been first filed against the DOJ by the Media Research Center. The lawsuits are now both before the U.S. District Court for the District of Columbia. The documents were first produced in the Media Research litigation.)

The U.S. Supreme Court will ultimately settle the issue regarding whether or not Obama’s socialist healthcare overhaul will be the law of the land. Everyone knows it. And if Elena Kagan is forced to recuse herself from hearing the case that will be one fewer dependably liberal vote on the Supreme Court for Obamacare.

Since I covered our document discovery in May, I won’t re-publish all of the document excerpts we discovered. For a complete review, please click here.

This action by 49 members of Congress is further testament to the importance of Judicial Watch’s work and is a prime example of your Judicial Watch’s leading watchdog role. When it comes to uncovering the truth and holding our Washington public officials (on the courts and in elected office) accountable to the rule of law, it often wouldn’t get done but for Judicial Watch.